Carter v. State
Court of Appeals of Texas
Appeal from the District Court of Washington. Tried below before the Hon. I. B. McFarland. This conviction was for the theft, on the fourth day of February, 1887, of a horse, the property of William Cummings. The penalty assessed was a term of fifteen years in the penitentiary. The venue was laid in Washington county, where the stolen animal was found on the day alleged in the indictment.
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Appeal from the District Court of Washington. Tried below before the Hon. I. B. McFarland. This conviction was for the theft, on the fourth day of February, 1887, of a horse, the property of William Cummings. The penalty assessed was a term of fifteen years in the penitentiary. The venue was laid in Washington county, where the stolen animal was found on the day alleged in the indictment. William Cummings, the first witness for the State., testified, in substance, that he lived in the town of Caldwell, Burleson county, Texas. He testified, in substance, that his two certain horses, a bay pony…
1Opinion of the Court
Willson, Judge.
Over objections of defendant, the State was permitted to prove by two witnesses that they saw the de*511fendant in Brenham on the night of January 31, 1887, and that on that night a horse was stolen in Brenham from one of said witnesses. This testimony was offered and admitted as rebutting testimony, and was objected to by defendant, 1, because the same was irrelevant and impertinent; 2, because the defendant’s whereabouts on January 31,1887, was not an issue in the case; 3, defendant was not on trial for theft of the horse said to have, been stolen on that night from Becker, one…
2Cited by13 opinions
- Bass v. StateCourt of Criminal Appeals of Texas · 1986
- Sharp v. StateCourt of Criminal Appeals of Texas · 1949
- Lee v. StateCourt of Criminal Appeals of Texas · 1957
- Gilbert v. StateCourt of Criminal Appeals of Texas · 1909
- Bass v. StateCourt of Criminal Appeals of Texas · 1986
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